Laws of the People's Republic of China

CONTENTS

CHAPTER I GENERAL PROVISIONS

CHAPTER II PREVENTION

CHAPTER III REPORTING ON AND ANNOUNCING THE EPIDEMIC SITUATION

CHAPTER IV CONTROL

CHAPTER V SUPERVISION

CHAPTER VI LEGAL LIABILITIES

CHAPTER VII SUPPLEMENTARY PROVISIONS

CHAPTER I GENERAL PROVISIONS

   Article 1. This Law is enacted in order to prevent, control and eliminate the occurrence and epidemic of infectious diseases and to ensure the health of the people.

   Article 2. The state shall implement a policy of putting the emphasis on prevention, combining prevention with treatment and classified management with respect to infectious diseases.

   Article 3. The infectious diseases governed by this Law shall be divided into Classes A, B, and C.

A Class infectious diseases shall include plague and cholera.

B Class infectious diseases shall include viral hepatitis, bacillary and amebic dysentery, typhoid and paratyphoid, AIDS, gonorrhea, syphilis, poliomyelitis, measles, pertussis, diphtheria, epidemic cerebrospinal meningitis, scarlet fever, epidemic hemorrhagic fever, rabies, leptospirosis, brucellosis, anthrax, epidemic and endemic typhus, epidemic encephalitis B, kala-azar, malaria, and dengue fever.

C Class infectious diseases shall include pulmonary tuberculosis, schistosomiasis, filariasis, echinococcosis, leprosy, influenza, epidemic parotitis, rubella, tetanus neonatorum, acute hemorrhagic conjunctivitis and infectious diarrhea other than cholera, dysentery, typhoid and paratyphoid.

The State Council may, according to circumstances, increase or decrease the number of A Class infectious diseases and make corresponding announcements; the health administration department under the State Council may, according to circumstances, increase or decrease the number of B Class and C Class infectious diseases and make corresponding announcements.

   Article 4. Governments at various levels shall direct the work of preventing and treating infectious diseases, draw up programmes for the prevention and treatment of infectious diseases and be responsible for their implementation.

   Article 5. The health administration departments of governments at various levels shall exercise uniform supervision over and control of the work of preventing and treating infectious diseases.

Anti-epidemic agencies at various levels and of different types shall, according to the division of professional work, undertake the monitoring and control of infectious diseases within their respective spheres of responsibilities.

Medical care and health institutions at various levels and of different types shall undertake the tasks of preventing, treating and controlling infectious diseases within their respective spheres of responsibilities and receive professional guidance from the anti-epidemic agencies concerned.

The prevention and treatment of infectious diseases in the People 's Liberation Army shall be carried out in compliance with this Law and other relevant provisions of the state and shall be supervised and controlled by the departments in charge of health in the Army.

   Article 6. The management of food, pharmaceuticals and water which is related to the prevention and control of infectious diseases as well as frontier quarantine shall be carried out according to the relevant provisions of the law.

   Article 7. Any unit or individual on the territory of the People's Republic of China must respond to inquiries by medical care and health institutions and anti-epidemic agencies on infectious diseases and accept their examinations and investigations for certification as well as their preventive and control measures, and shall have the right to inform the authorities or file charges against any violation of this Law.

   Article 8. Units and individuals who have made remarkable achievements in or contributions to the prevention and control of infectious diseases shall be awarded.

CHAPTER II PREVENTION

   Article 9. Governments at various levels shall carry out health education on the prevention of infectious diseases and organize people for the elimination of the hazards of rodents and vector insects like mosquitoes and flies as well as other animals that transmit infectious diseases or suffer from infectious diseases common to human beings and animals.

   Article 10. Local governments at various levels shall establish or reconstruct public health facilities in a planned way, take necessary measures for the innocent treatment of sewage, wastes and feces, and improve the hygienic condition of drinking water.

   Article 11. Medical care and health institutions at various levels and of different types shall set up preventive health organizations or assign personnel to undertake the prevention and control of infectious diseases and the management of the epidemic situation in their respective units or in the communities for which they are responsible.

Municipalities, municipal districts and counties shall have hospitals for infectious diseases or clinics and wards for infectious diseases in designated hospitals.

   Article 12. The state shall practise a planned prophylactic vaccination system.

The state shall practise a system by which certificates are issued to children who have received prophylactic vaccination.

   Article 13. The drinking water provided by a water supply unit must conform to the hygienic standards set by the state.

   Article 14. Infectious disease patients, pathogen carriers and suspected infectious disease patients shall, before they are cured or cleared of suspicion, be barred from jobs which the health administration department under the State Council prohibits them from doing because of the likelihood of causing the spread of infectious diseases.

   Article 15. Medical care and health institutions, anti-epidemic agencies and units engaged in the experimentation of pathogenic microorganisms must rigorously implement the management system and the operation procedures stipulated by the health administration department under the State Council to prevent the iatric infection of infectious diseases, inside-hospital infection, laboratory infection and the spread of pathogenic microorganisms.

   Article 16. The storage, carrying and transportation of bacterial strains and virus strains of infectious diseases must be rigorously controlled in accordance with provisions laid down by the health administration department under the State Council.

   Article 17. When the sewage, wastes and feces are contaminated with the pathogen of A Class infectious diseases, the unit or the individual concerned must carry out strict disinfection under the supervision and direction of an anti-epidemic agency; in case of refusal to carry out disinfection, compulsory measures may be taken by the local government.

When the sewage, wastes and feces are contaminated with the pathogen of B Class or C Class infectious diseases, the unit or the individual concerned must carry out treatment according to the hygienic requirements proposed by an anti-epidemic agency.

   Article 18. The animal husbandry and veterinary departments of governments at various levels shall be responsible for the prevention, treatment and management of infectious diseases of domestic animals and fowls related to infectious diseases common to human beings and animals.

Wild animals related to infectious diseases common to human beings and animals shall be prohibited from being sold or transported until they have been quarantined by the animal husbandry and veterinary department of the local government or of the government at the receiving end.

The animal husbandry and veterinary departments, the health departments and the public security departments of governments at various levels shall be responsible for the prevention, treatment and control of rabies according to the division of work specified by the State Council.

   Article 19. Before a large construction project is started in an area which is a natural infection focus or a possible natural infection focus, the construction unit shall apply to the local anti-epidemic agency for a sanitary investigation of the construction environment and take necessary anti-epidemic measures according to the requirements of the anti-epidemic agency.

During the period of construction, the construction unit shall assign special personnel to take charge of anti-epidemic work at the construction site.

   Article 20. For persons engaged in the prevention or treatment of infectious diseases or in scientific research or teaching related to such diseases, for persons who handle the epidemic situation on the spot, and for persons who, in productive pursuits or other types of work, are in contact with infectious disease pathogens, the units concerned shall, in accordance with the relevant provisions of the state, take effective measures of protection and of medical and health care.

CHAPTER III REPORTING ON AND ANNOUNCING THE EPIDEMIC SITUATION

   Article 21. Anyone who has found an infectious disease patient or a suspected one shall promptly report to the nearby medical care and health institution or anti-epidemic agency.

When medical care and health personnel or anti-epidemic personnel on duty find patients, pathogen carriers or suspected patients of A Class or B Class infectious diseases, or if they find in a monitored area patients, pathogen carriers or suspected patients of C Class infectious diseases, they must report the epidemic situation to the local health and anti-epidemic agency within the time limit prescribed by the health administration department under the State Council. When a health and anti-epidemic agency finds the prevalence of infectious diseases or receives a report on the epidemic situation of A Class infectious diseases or of AIDS or pulmonary anthrax as a type of anthrax among B Class infectious diseases, it shall immediately report to the local health administration department, which shall immediately report to the local government and also to the health administration department at a higher level and the health administration department under the State Council.

   Article 22. The responsible persons concerned of governments at various levels and the persons engaged in the medical care, epidemic prevention, surveillance and control of infectious diseases shall not withhold the truth about or make a false report on the epidemic situation or inspire others to do so.

   Article 23. The health administration department under the State Council shall promptly release information on and publicly announce the true epidemic situation and may authorize the health administration departments of provinces, autonomous regions, or municipalities directly under the Central Government to release information on and publicly announce the true epidemic situation in their respective administrative areas.

CHAPTER IV CONTROL

   Article 24. When medical care and health institutions and anti-epidemic agencies find infectious diseases, they shall promptly take the following control measures:

(1) Patients and pathogen carriers of A Class infectious diseases and patients of AIDS and of pulmonary anthrax as a type of anthrax among B Class infectious diseases shall be isolated for treatment. The period of isolation shall be determined according to the results of medical examination. For those who refuse treatment in isolation or break away from treatment in isolation before the expiration of the isolation period, the public security department may assist medical care institutions in taking measures to enforce the treatment in isolation;

(2) For patients of B Class infectious diseases other than AIDS and pulmonary anthrax as a type of anthrax and patients of C Class infectious diseases, necessary treatment and control measures shall be taken according to the patients' conditions;

(3) Suspected patients of A Class infectious diseases shall be kept under medical observation in designated places until a definite diagnosis is made; and

(4) Necessary sanitary disposal and preventive measures shall be applied to places and objects contaminated by patients, pathogen carriers and suspected patients of infectious diseases and persons in close contact with them.

Patients of infectious diseases,their relations and the related units as well as the local organizations of residents or villagers shall cooperate in executing the measures specified in the preceding paragraphs.

   Article 25. In the event of an outbreak or a prevalence of an infectious disease, the local government shall immediately get people organized to control them and cut off the route of transmission; when necessary, it may take the following emergency measures, subject to reporting to and decision by the local government at the next higher level:

(1) restricting or suspending fairs, assemblies, cinema shows, theatrical performances and other types of mass congregation;

(2) suspension of work, business and school classes;

(3) provisional requisition of houses and means of transport; and

(4) closing public drinking water sources contaminated with the pathogen of infectious diseases.

When a local government at or above the county level receives a report from a government at the next lower level proposing the adoption of the above-mentioned emergency measures, it shall make a decision within the prescribed time limit.

The termination of emergency measures shall be announced by the authorities that originally made the decision.

   Article 26. In the event of an outbreak or a prevalence of an A Class or a B Class infectious disease, a local government at or above the county level may, subject to reporting to and decision by the local government at the next higher level, announce the designation of an epidemic area, take emergency measures in the epidemic area as specified in Article 25 of this Law and carry out quarantine inspection of persons, goods and materials and means of transport entering or leaving the epidemic area. By decision of the government of a province, an autonomous region or a municipality directly under the Central Government, an epidemic area of an A Class infectious disease may be blockaded; the blockade of an epidemic area in a large or medium-sized municipality or an epidemic area that cuts across provinces, autonomous regions and municipalities directly under the Central Government as well as the blockade of an epidemic area leading to the interruption of traffic along a main line of communication or to the blockade of frontiers shall be decided by the State Council.

The termination of the blockade of an epidemic area shall be announced by the authorities that originally made the decision.

   Article 27. When a grave epidemic situation occurs, the health administration department under the State Council shall have the authority, within the whole country or across provinces, autonomous regions and municipalities directly under the Central Government, and health administration departments under the governments at various levels shall have the authority, in their respective administrative areas, to assemble medical and health personnel and anti-epidemic personnel at various levels and of different types for participation in the control of the epidemic situation.

   Article 28. The body of a person who died of plague, cholera or anthrax must be disinfected immediately and cremated at a nearby place. The body of a person who died of any other infectious disease shall, when necessary, be cremated after disinfection or buried deep in accordance with relevant provisions.

The medical care and health institutions and anti-epidemic agencies may, when necessary, conduct autopsy on the corpses of patients or suspected patients of infectious diseases.

The standing committee of the people's congress of a province or an autonomous region may,while implementing the provisions of the preceding two paragraphs in national autonomous areas, make flexible provisions when necessary.

   Article 29. The pharmaceutical department and other departments concerned shall promptly supply pharmaceuticals and instruments for the prevention and treatment of infectious diseases. The units making biological products shall promptly supply such products for the prevention and treatment of infectious diseases. There shall be a certain amount of pharmaceuticals, biological products and instruments in reserve for the prevention and treatment of infectious diseases.

   Article 30. Railroad, communications, and civil aviation departments must give priority to the transportation of personnel, pharmaceuticals, biological products and instruments for dealing with the epidemic situation, as approved by the health administration department.

   Article 31. The specific measures for communication quarantine for the purpose of controlling the spread of infectious diseases shall be formulated by the health administration department under the State Council together with the departments concerned, and enforced after being reported to and approved by the State Council.

CHAPTER V SUPERVISION

   Article 32. Health administration departments of governments at various levels shall exercise the following supervisory and managerial functions and powers regarding the prevention and treatment of infectious diseases:

(1) to supervise and inspect the measures for the prevention, treatment, monitoring and control of infectious diseases as well as the control of the epidemic situation;

(2) to instruct an inspected unit or individual to improve management of the prevention and treatment of infectious diseases within a definite time; and

(3) to impose administrative sanctions against violations of this Law according to the provisions of this Law.

The health administration department under the State Council may authorize the institutions in charge of health of other departments concerned to exercise within such department the functions and powers specified in the preceding paragraphs.

   Article 33. The health administration departments of governments at various levels, the institutions in charge of health of other departments concerned authorized by the health administration department under the State Council, and health and anti-epidemic agencies at various levels and of different types shall appoint supervisors of infectious disease management to execute the tasks of surveillance and management of infectious diseases assigned by the health administration departments or the institutions in charge of health of other departments concerned.

The post of supervisor of infectious disease management shall be held by a qualified health professional, who shall be appointed and given a certificate by the health administration department of a government at or above the provincial level.

   Article 34. The medical care and health institutions at various levels and of different types shall appoint inspectors of infectious disease management to inspect the prevention and treatment of infectious diseases in their respective units and in the communities for which they are responsible, and report the results of inspection to the health and anti-epidemic agencies concerned.

An inspector of infectious disease management shall be approved and given a certificate by the health administration department of the local government at or above the county level.

CHAPTER VI LEGAL LIABILITIES

   Article 35. Any unit or individual who, in violation of the provisions of this Law, commits any of the following acts shall be ordered to rectify it or may be fined by the health administration department of a government at or above the county level; when there is a risk of causing an epidemic of an infectious disease, the health administration department shall report to the government at the same level for the adoption of compulsory measures:

(1) failure on the part of a water supply unit to conform to the hygienic standards for drinking water set by the state;

(2) refusal to give disinfection treatment, according to the sanitary requirements proposed by a health and anti-epidemic agency, to sewage, wastes and feces contaminated with the pathogen of infectious diseases;

(3) approving or conniving at the taking of jobs by patients of infectious diseases, pathogen carriers or suspected patients of infectious diseases which they are prohibited from doing by the health administration department under the State Council because of the likelihood of causing a spread of infectious diseases; and

(4) refusal to execute other preventive and control measures proposed by the health and anti-epidemic agencies according to this Law.

   Article 36. Any party who refuses to accept a decision on fine may, within 15 days of receiving the notice on the punishment decision, apply to the health administration department at the next higher level for reconsideration; any party who refuses to accept the reconsideration decision may, within 15 days of receiving the notice on the reconsideration decision, bring a lawsuit before a court of law. Any party may also, within 15 days of receiving the notice on the punishment decision, directly bring a lawsuit before a court. If a party neither applies for reconsideration nor brings a lawsuit before a court of law nor carries out the punishment decision within the prescribed time, the health administration department that has made the decision on punishment may apply to a court for compulsory execution.

   Article 37. If a person commits one of the acts specified in Article 35 of this Law and as a result causes the spread or a great risk of the spread of an A Class infectious disease, his criminal responsibility shall be investigated by applying mutatis mutandis the provisions of Article 178 of the Criminal Law of the People's Republic of China.

   Article 38. Any person engaged in the experimentation, storage, carrying or transportation of bacterial strains and virus strains of infectious diseases who, in violation of the relevant provisions of the health administration department under the State Council, causes a spread of the bacterial strains or virus strains of an infectious disease, with severe consequences, shall be prosecuted in accordance with Article 115 of the Criminal Law; he shall be given an administrative sanction if the circumstances are not so serious.

   Article 39. Any person engaged in the medical care and health work, epidemic prevention, surveillance and control related to infectious diseases or any relevant responsible person of the government who causes the spread or epidemic of an infectious disease due to his dereliction of duty shall be given an administrative sanction; if the circumstances are serious enough to constitute a crime, he shall be prosecuted in accordance with Article 187 of the Criminal Law.

CHAPTER VII SUPPLEMENTARY PROVISIONS

   Article 40. The health administration department under the State Council shall, in accordance with this Law, formulate rules for its implementation which shall come into force after being submitted to and approved by the State Council.

   Article 41. This Law shall come into force as of September 1, 1989.